CHAPTER ONE
1.0 INTRODUCTION
Military intervention is a common
characteristic in developing countries, it remain a controversial when it
happens as well as when it fails. It can also be said that it is vast among
Africa countries. Military interventions can be defined as when the military
wants to control the policy process largely. Hence, the military uses either
legislative or executive power or in some cases judiciary power. With military
interventions, the military not only changes the executive or legislative
powers of government but also tries to exert strict control over other interest
groups or society. Military intervention is a common characteristic in
developing countries, it can also be said that it is vast among Africa
countries but this work will focus on Nigeria (1993-1998). In most developing
countries, there is a disruption of the civil-military equilibrium usually
assumed in liberal democracies, in developing countries like Nigeria however,
the military has not only intervened in the political process but has overpowered
the elected civilian authority, but it has also established its supremacy over
elected politicians. Even in those countries where the military has become
almost a permanent feature of politics, military rule is still considered a
symptomatic of a malfunctioning political system. In Nigeria, which typifies
the scenario just presented, military rule was usually seen as a "rescue"
operation necessary to save the country from civilian ineptitude like
corruption. Military rule was not expected to last long; once the rescue
operation was complete, the military should return to the barracks where they
belonged and leave the governing to civilian politicians. The problem was that
although military officers accepted this agreement, military rule became self-sustaining.
After Nigeria gained her independence
in 1960 till the end of 1990 the military rule has ruled Nigeria for twenty one
years. It came to power by January 15 1966 in a coup that was described as igbo
master-minded (Dudley 1973) This was because of the corruption in Tafawa
Balewa‟s government, law and orders were broken especially in the west region
and also because of the 1965 regional election rigging by the then Nigeria
National Alliance (NNA). This political disorder precipitated this first
military takeover of power. There was a counter-coup on July 29, 1966, which
was regarded as a retaliation by northern soldiers, who were still emotionally
deranged by the sudden loss of their political and military leaders (patrons)
in the January 1966 coup (Dudley, 1973), was intended to restore this status
quo. The regimes of military intervention in politics includes: the first
military government of General Ironsi did not last long this was because he was
accused of having advise that were his kinsmen, the second military government
was Yakuba gowon‟s government, this government witness the civil war and it was
at this regime the oil in Nigeria was discovered and also expanded Nigeria into
the economic and social sectors. This government was terminated on July 29,
1975 in a bloodless coup led by Murtala Muhammad. Muhammad himself was a
product of the political patronage of the First Republic and Gowon's regime.
Murtala Muhammad regime however lasted for just six months His successor, General
Olusegun Obasanjo continued with the policies of the Murtala Muhammad regime
and for this reason the administration came to be known as
"Muhammad-Obasanjo regime". The regime after this was the Babangida
regime in 1985, the regime can be described aptly as patrimonialism par
excellence. This regime had an annulment which was on June 12 which gave Chief
M.K.O. Abiola of the SDP, a Southerner, and an undisputed lead, forcefully
demonstrates this commitment. Every available evidence indicate that any power
shift from the North to the South was unaccepted- able to the Northern military
by Babangida, and political elites who have dominated power since I960.
Abacha came to power after
overthrowing the Interim Government set up by Babangida before his exit. The
Abacha regime could be said to have been more patrimonial than Babangida's. His
regime closely fitted Sandbrooks description of a typical patrimonial rule. He
was surrounded by trusted people, this regime‟s major project was the
accumulation of wealth for Sani abacha and for members of his immediate family
and closest associates. Several major state contracts were awarded to his
children and other relatives who reaped huge incomes when, in most cases, they
did not execute the contracts (Adekanmbi, 1998). He indiscriminately
transferred state funds into private accounts (Muhammad, 1998), acquired
extensive property, and had business interests in virtually all the states of
the federation (Fraud Incorporated, 1998: 3-7, Tempo, Oct. 15, 1998). His close
friends were not left out of this game of looting public coffers. The most
notable are General Jerry Useni, Minister of the Federal Capital Territory,
Abuja, who is allegedly worth more than 3 billion US dollars in cash with
several billion naira worth of property in the country. Another close ally is
Alhaji Ismaili Gwarzo, Abacha's Security Adviser whose fortune is valued at
more than 4 billion US dollars (Fraud Incorporated, 1998: 13-14; Dare, S.,
1998: 16-21). Millions of dollars were recovered from some of such associates
after the death of Abacha. Very large sums of money were also discovered at the
presidential villa. Like a typical patrimonial ruler, Abacha did not tolerate
any manner of opposition to his regime including activities that could affect the
regular inflow of revenue into the state coffers. This paper is however focuses
on this regime, its military intervention and human abuses in Nigeria. According
to the Ameze Guouadia in his book title “Human Rights in Nigeria: A Historical
Perspective on Human Rights” said that; there was the jettisoning of previously
held notions following the overthrowing and diminishing of the authority of the
papacy. The papacy with its overbearing presence had used the fear of hell to
deprive kings and peasants alike of their rights over a long period of time
spanning centuries. He also emphasis that the universal declaration of the
rights of man of 4th august 1789 and the American declaration of independence
of 4th July 1776 emphasized the fundamental belief that every man is created
equal. These and many others were the guiding principles which guide and
protected people‟s rights in the early 17th and 18th century.
More recently the universal
declaration on human rights of 1948 is important emanating as it did soon after
the end of the Second World War. The scale of human rights violation during the
war which was perpetuated by Natzi Germany under Adolf Hitler against the Jews
and other races made it imperative that such occurrences of human rights
violation should never be witnessed ever again. It is important to note that in
the charter of the United Nations the protection of the rights and freedom of
people regardless of ethnic racial and cultural differences is fundamental and
non-contentious. In Nigeria there have existed human rights violations since
the military came to power in 1966 but it came to a crescendo during the Abacha
regime. The period between 1993 to 1998 witnessed a rapid degeneration of human
rights in Nigeria. This was after the establishment of the interim government
led by Chief Ernest Shonekan after the former military dictator General Ibrahim
Babangida stepped aside, in 1993. The increase in human rights violations was
correspondingly followed by a high rate of adoption of Guerilla tactics by both
the press and human rights activists. By January 1998 what was known as human
rights had virtually disappeared in Nigeria. The experience of journalists
whose rights were blatantly violated was a sad affair, both for the journalists
and the ordinary citizens alike while the 6
powers that be went on implementing
ad-hoc obnoxious decrease promulgated by the junta. However, since the
independence of Nigeria on October 1st 1960 and becoming a republic in 1963,
Nigerians have never gone through what they went through at the hands of
General Sani Abacha junta. Nigerians were like never before exposed to
mechanisms that oppressed them and public participation in government was no
longer allowed; individuals were exposed to the hazards of arrest and intimidations
by various organs of government like the police. However, changes in the
countries fortunes coupled with events that took place immediately preceding
the death of General Sani Abacha in particular the freedom of political
detainees journalists, pro-democratic and human rights activists and the
introduction of probes panel of enquiry to look through acts of human rights
violation during the regime of general Abacha by president olusegun Obasanjo
followed by the introduction of structures to check any attempt to tamper with
rights of Nigerians and the bringing of human rights perpetrators to book.
The consequent shift from military
dictatorship to democracy called for the dismantling of all the structures
which mitigated against the rights of Nigeria seen to be inhibiting the
effective attempt by a click from a certain part of the country to hold on to
power. The underlying assumption of this is that some are not happy that the
structures that inhibited the rights of Nigerians are being dismantled. However,
Dudley, B.J. said in his book title “Instability and Political order (1974)” a
right consequently, has been given a pride of place once again and the various
organs of government equipped to meet up with the demands of safeguarding human
rights and ensuring the rule of law. The number of N.G.Os, human rights bodies
like C.E.D.A.W. The convention on the elimination of All Forms of
Discrimination Against Women, A.C.H.P.R. The African commission on human and
people rights and Amnesty International among others have increased
significantly.
Human rights are also protected by the
1979 constitution. According to the constitution of the federal republic of
Nigeria in chapter 4 section 30 to 40. It guarantees every Nigeria citizen
basic and fundamental human rights. This include the rights to life, dignity of
the human person, fair hearing, freedom of thought, conscience and religion,
expression, peaceful assembly and association as well as freedom from
discrimination and the rights against compulsory acquisition of property
without compensation. In promotion of these rights, the constitution makes no
distinction between the rights of men and women but envisages the rights of
every human being- man and child in Nigeria. Also the United Nations distinction
should be made on the basis of race, color, sex, language or other status.
“This declaration states that all individuals are entitled to freedom of
speech, association notwithstanding their color, sex, race, language or
religion they should be given equal opportunity. The Nigerian state has been
under the burden of obnoxious decrees like decree 2 and decree 7 respectively.
1.1 STATEMENT OF THE PROBLEM
There is no doubt that there exist
military intervention in politics and human rights violations. Nigeria has gone
through a harrowing experience in the hands of the military. It is important to
safeguard fundamental rights of Nigerians as we move into the next millennium
and in view of the ever present threat of the country slipping back to
dictatorship and autocracy. Here are some of the problems:
There is the inordinate ambition of
some political leaders to remain in office as long as they could
There is also the ambition of some
military officers who wants to taste power by all means
Election rigging.
1.2 OBJECTIVES OF THE STUDY
The general objective of this study is
to evaluate the effect human rights violations under the military had on the
individual and Nigerians as a whole and ways or means of minimizing such
incidents in the future.
The specific objectives of this study
are as follows:
I. To examine if military intervention
in politics was a great impact on Nigeria.
II. To examine the cases of human
rights that was violation in 1993-1998.
III. To examine cases of military
intervention and human rights abuses in Nigeria politics.
VI. To evaluate the effects of human
rights violation on the society.
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